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(7)
Notwithstanding the provisions of subsection (6), the declaration may be extended
from time to time for periods of not more than three months at a time by a resolution passed
by a three-fifths majority at a joint sitting of all the members of Senate and the House.
(8)
Where a person is detained or restricted by virtue of a power exercised in the
absolute discretion of any authority and conferred by any such law as is referred to in section
38(1), the following shall apply, that is to say
(a)
that person shall, as soon as reasonably practicable and in any case not
more than seventy two hours after the detention or restriction, be furnished
with a statement in writing in a language that the person understands
specifying in sufficient detail the grounds upon which that person is detained
or restricted;
(b)
not more than five days after detention or restriction, a notification shall be
published in the Gazette stating that the person has been detained or
restricted and giving particulars of the provision of law under which the
detention or restriction is authorised;
(c)
not more than fourteen days after detention or restriction and thereafter at
intervals of three months, the case of that person shall be reviewed by the
Commission on Human Rights and Public Administration;
(d)
the detained or restricted person shall be afforded reasonable facilities to
consult a legal practitioner who shall be permitted to make representations to
the tribunal; and
(e)
at the hearing before the tribunal, that person may appear in person or by
legal representative.
(9)
On any review by a tribunal of the case of a detained or restricted person the tribunal
may make recommendations concerning the necessity or expediency of continuing the
detention or restriction to the authority by which the detention or restriction was ordered and
the authority shall be obliged to act in accordance with any such recommendations.
(10)
Where movement of persons is restricted or curfew imposed, that restriction or
curfew, unless lifted within twenty-one days, shall be reviewed by the tribunal appointed in
terms of subsection (8) (c) at intervals of not more than one month and any person or group
of persons affected by the restriction or curfew may make submissions to the tribunal.
(11)
Where the public emergency has been extended beyond twenty-one days, the Prime
Minister shall make a report to a joint sitting of the Senate and the House stating among other
things, the number of persons, if any, detained or restricted in terms of this section, the status
of the emergency and the public reaction to the continued state of emergency.
(12)
The provisions of the First Schedule shall apply with respect to the summoning and
procedure of the joint sitting of the Senate and the House.
Derogations during public emergency
37.
(1)
Without prejudice to the power of Parliament to make provision in any situation or the
provisions of section 38, nothing contained in or done under the authority of a law shall be
held to be inconsistent with or in contravention of any provision of this Chapter to the extent
that the law authorises the taking, during any period of public emergency, of measures that
are reasonably justifiable for dealing with the situation that exists during that period.
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